The court clarified that prior orders do not protect unauthorized commercial activities in residential areas, directing authorities to enforce housing regulations.

Order

1. Matter has come up before this Court on an application (IA No.1/2024) seeking clarification/modification in the order dated 05.07.2024 passed by this Court, stating inter alia, that the private respondent Nos. 7 and 8 have constructed shops at the ground floor in the residential premise of Flat No. 101/68, Kumbha Marg, Pratap Nagar, Jaipur and have started commercial activities, which are wholly illegal and unauthorized.

2. It has been submitted that this Court vide order dated 05.07.2024, issued notices to the respondents and stayed the construction/commercial activities in the residential premise in question with observation that if same have not been initiated.

3. Learned counsel for the petitioner-applicant submits that the Rajasthan Housing Board has also taken cognizance of converting the use of residential premise into commercial and starting commercial activities unauthorizedly, at the residential premises i.e. Flat No.101/68, Sector-10, Pratap Nagar, Sanganer, Jaipur and has issued notice dated 20.09.2024, following the previous notice dated 28.06.2024, but no further action has been taken for stopping the commercial activities in the residential premise and for demolition of the commercial construction, just because of the observations made by this Court in the order dated 05.07.2024 that "if have not been initiated in so far", therefore, in that respect, a clarification has been sought.

4. On behalf of the respondent Nos. 7 and 8, counsel has put in appearance and seeks time to file reply to the writ petition as also to the application, but has not disputed the fact of construction of commercial shops and starting commercial activities in the residential Flat No.101/68, Sector-10, Kumbha Marg, Pratap Nagar, Jaipur.

5. From the record, it is apparent that in respect of raising illegal and unauthorized commercial construction at ground floor of the residential premises i.e. Flat No.101/68, Sector-10, Kumbha Marg, Pratap Nagar, Jaipur, the Rajasthan Housing Board, Jaipur has issued notices dated 28.06.2024 and 20.09.2024 for removal of unauthorized construction and stoppage of the commercial activities in the residential area. The copies of notices have been placed on record by the applicant along with application (1/2024). Counsel for respondents No.7 and 8 is not in a position to controvert the factum of issuance of such notices.

6. In this view of the matter, this Court hereby observe and makes it clear that the order dated 05.07.2024 does not protect the commercial activities by respondents No.7 and 8 in the residential premise i.e. Flat No.101/68, Sector-10, Pratap Nagar, Sanganer, Jaipur, hence, respondents-State authorities are directed to proceed for stoppage of commercial activities/ removal of commercial construction in the residential Flat No.101/68, Sector-10, Kumbha Marg, Pratap Nagar, Jaipur in furtherance to the notices dated 28.06.2024 and 20.09.2024, without being influenced by the order dated 05.07.2024 passed by this Court.

7. With the aforesaid observation, the application (1/2024) stands disposed of.

8. List the matter before regular Bench.

9. In the meanwhile, respondents may file reply to the writ petition.